Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 3 die Augusti.
Message to the H. C. with an Ordinance for Commissioners of the Great Seal.
Herlackenden, a Pass.
Lady Brooke, a Protection for Horses.
E. of Clare, a Pass.
Murray, a Pass to the King.
Hall to be instituted to Thaxsted.
Ordinance for a Collection for Irish Protestants.
Letter from the E. of Warwick;
and from the Commissioners with the King.
Message from the H. C. with Orders, &c.; and for communicating the Vote, for inviting the King, to the City.
Committee for that Purpose.
Countess of Carlisle, a Pass for Goods.
Order for 1000 l. for the Expences of the King, and the Commissioners with Him.
"By virtue of an Ordinance of both Houses of Parliament of the 21th Day of September, 1643, and in Pursuance of an Order of the Commons House of the 17th Day of March last, 1646, These are to will and require you, out of such Treasure as now is, or shall be, remaining in your Hands, to pay unto Mr. Francis Cressett, Treasurer of the Money designed for the Expence of the King and the Commissioners, the Sum of One Thousand Pounds, in Part of the Allowance of Fifty Pounds per Diem, for the defraying of the whole Expence of the King and Commissioners; and to be by him issued, upon Accompt, for the Expence of the King and Commissioners accordingly: And for so doing, this, together with his Acquittance for the Receipt thereof, shall be your Warrant and Discharge; and also to the Auditor General, to allow the same upon your Accompt.
Answer from the H. C.
Message to them, about the Order for 1000 l. for the King, &c.—about communicating to the City the Vote for inviting Him; and for the Commissioners of the Great Seal to be sworn.
Message from thence, to sit P. M.
That, in regard of the important Affairs now in Hands, the House of Commons intends to sit this Afternoon, at Two of the Clock; and they desire their Lordships would please to sit likewise, if it may stand with their Lordships Conveniency.
Letter from the E. of Warwick, excusing his immediate Attendance.
"This Evening I received a Command, by young Baker, to attend the House To-morrow; which I would most readily have obeyed, but that I have a very pressing Occasion to be in the Country for a few Days. I have not been wanting, in my poor Personal Service, to their Lordships and the Public, for divers Years; and therefore I trust their Lordships will favour me in this my humble Request (as they have done to other Lords), for the Dispatch of some Affairs concerning my Estate; which are very pressing upon me at this Time, and, being dispatched, will sit me the better for any Service their Lordships shall command me. Thus, with my humble Service to your Lordship, I rest
Leez, the 2d of (fn. 1) August, 1647.
Letter from the Commissioners with the King, that He is going to Stoke, near Windsor.
"Yesterday, about Five of the Clock in the Afternoon, His Majesty told us, That He would this Day, after Dinner, go to Stoake, a House of the Lord Purbeck's, near Windsor; whither we are now attending Him, and thought it our Duty to give you Notice hereof; remaining
Ordinance for a Collection for Irish Protestants about Barnstable.
"The Lords and Commons in Parliament assembled, taking into Consideration the sad and distressed Estate and Calamity of the poor English Irish Protestants fled and driven out of the Kingdom of Ireland, by the inhuman, bloody, and cruel Rebels there, where they have lost their Estates and Livelihoods, and are now residing in or about the Town of Barnestable, in the County of Devon, do order and ordain, and be it Ordered and Ordained, That the Moiety of the Collection on the next Fast-day, in the Cities of London and Westm'r, and the Liberties of the same, and in all the Churches and Chapels within the Realm of England and Dominion of Wales, be taken and employed for the Relief of the said English Irish Protestants which are in and about the Town of Barnstable aforesaid; and do commend the same to the charitable and tender Compassions of all good Christians, as being Members of the same Body; and requiring the Ministers, in their several Congregations, to stir up and exhort their Auditors to all Readiness and Chearfulness in so good and godly a Work: And the said Lords and Commons do further order and ordain, That the said Collection be taken by the Churchwardens, or other Two sufficient Men of the Parish where no Churchwardens are, in the usual Manner, and then delivered and paid to Mr. Michaell Herring, of London, Merchant, he giving his Acquittance for his Receipts; and the said Collectors, within Twenty Days after their respective Receipts, to give an Accompt thereof in Writing, under their respective Hands, testifying the several and respective Sums received, to the said Mr. Michaell Herring; and the said Mr. Michaell Herring is to pay over the said several and respective Sums, so by him received, within Ten Days after his Receipt thereof, to Phillip Dennys, of Ilfardcombe, Anthony Moore, of Tawton Bishopp, and Adam Horden and James Brooke, of Braunton, in the County of Devon aforesaid, to be by them disposed and employed for the Ends and Uses aforesaid, according to their best Wisdoms and Discretions, and according to the several urgent Necessities of the said poor People; they bringing a Certificate of their respective Necessities to the said Receivers, under the Hands of the Minister and Two other well-affected Persons of the said Parish wherein they dwell and abide: Provided always, That no Part of this Collection shall be paid unto any English Irish Protestants which did not reside in or about the Town of Barnstable aforesaid before the 25th Day of March, 1647, and continuing his Residence there ever since; any Thing herein contained to the contrary in any wise notwithstanding."
Ordinance for the new Speakers to be Commissioners of the Great Seal.
"It is this Day Ordered and Ordained, by the Lords and Commons in Parliament assembled, That John Lord Hunsdon Speaker of the House of Peers (pro Tempore), and Henry Pelham Esquire Speaker of the House of Commons, shall be, and are hereby appointed, Commissioners for the Custody of the Great Seal of England; and shall have and exercise the same Power and Authority that any Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal, have usually had, or ought to have; this Ordinance, and the Power hereby given, to continue for the Space of Ten Days next ensuing the Date hereof: And that the Ordinance heretofore made, for putting the Great Seal of England into the Custody of Edward Earl of Manchester late Speaker of the House of Peers, and William Lenthall Esquire late Speaker of the House of Commons, be from henceforth hereby made void."
Ordinance for 4000 l. for Plymouth.
"Be it Ordained, by the Lords and Commons assembled in Parliament, That the full Sum of Four Thousand Pounds be paid to the Governor of the Garrison of Plymouth, in the County of Devon, to and for the Use of the Garrison there, on Accompt, in Part of their Arrears, out of the Monies raised, and to be raised, on the Ordinance of the Three and Twentieth of June last, for their raising of Monies, to be employed towards the Maintenance of the Forces within this Kingdom under the Command of Sir Thomas Fairefax Knight, and for the speedy transporting of and paying the Forces for the carrying on the War of Ireland: And the Treasurers appointed for Receipt thereof are hereby ordered to make Payment thereof accordingly; and that the Acquittance of the said Governor shall be a sufficient Warrant and Discharge to the said Treasurers, for the Payment of the said Sum of Four Thousand Pounds accordingly."
Additional Names to the Committee of Safety.
"Resolved, by the Lords and Commons in Parliament assembled, That Mr. Gewen, Mr. John Herbert, Mr. James Herbert, Mr. Wheeler, Mr. Greene, Mr. Baynton, Lord Carr, Sir Thomas Some, Mr. Grimstone, Mr. Knightly, Mr. Oxenden, Colonel Copley, Mr. Gell, Sir Walter Erle, Mr. Mountague, Mr. Doyley, Sir Phillip Persivall, Sir Anthony Irby, Mr. Hungerford, Captain Lee, Mr. Edward Ashe, Mr. Boys, Mr. Vassall, Sir Robert Pye, and Sir Robert Harley, be added to the Committee of Safety that are to join with the Militia of the City of London, for the Defence of King, Parliament and City."
Committees to communicate to the City the Votes concerning the King's coming.
"Resolved, by the Lords and Commons in Parliament assembled, That a Committee of both Houses is hereby appointed, to communicate unto the Common Council, or Common Hall, the Votes passed both Houses, concerning the King's coming to London; and to encourage them to stand to their own Defence."
Ordinance for a Collection for Relief of Chester.
"Whereas the City of Chester is grievously infected and visited with the Plague of Pestilence, in every Parish and Part thereof, very few Families being clear; by reason whereof, almost all the Persons of Ability have left the said City, and there are remaining (for the most Part) only the Poor, that have no Means of Subsistence; being deprived of Trading; which, if they be not presently relieved in an extraordinary Way, are like to perish for Want, and to endanger the infecting the adjacent Counties: And whereas the County of Chester is exceedingly impoverished by the late War, whereby they are disenabled for affording them any considerable Relief: It is therefore Ordered, by the Lords and Commons assembled in Parliament, That the respective Ministers of every Parish, within the Cities of London and Westm'r, the Lines of Communication, and Weekly Bills of Mortality, and within the Counties of Chester, Kent, Sussex, Surrey, Hampshire, Middlesex, Essex, Hertford, Cambridge, Suffolke, and Norffolke, do, upon the next Lord's-day after Receipt hereof, publish the distressed Condition of the poor Inhabitants of the said City of Chester, and earnestly move their Parishioners to contribute to so charitable a Work; and that the Sums so collected be paid, by the Collectors thereof, unto William Drinkwater and Robert Wilding, Citizens of London, their Assigns or Deputies; and the said William Drinkewater and Robert Wildinge are hereby required forthwith to send such Monies as they shall receive, unto the Mayor, Aldermen, and Sheriffs, of the said City of Chester, or any Two of them, to be by them distributed to the poor Inhabitants of the said City; and the said William Drinkewater and Robert Wildinge shall take Acquittances for such Sums of Money as they shall, upon this Collection, pay to the said Mayor, Aldermen, Sheriffs, or any Two of them, under their Hands; which Acquittances shall be a sufficient Discharge to them for the same: And it is further Ordained, That the said Mayor, Aldermen, and Sheriffs, or any Two of them, shall certify unto the Speaker of the House of Commons the total Sum which shall be received by them by virtue of this present Ordinance."
Answer from the H. C.
Message from thence, with Ordinances, &c.; and with Letters to Sir T. Fairfax and the Commissioners with the Army.
Thanks to the Assembly, for their Petition.
Ordered, That this House gives the Ministers of the Assembly Thanks, for their Petition presented to this House Yesterday; and leaves it to them to apply themselves in the like to whom else they shall think fit.
Arms belonging to Captain Primrose to be carried to the City Militia.
Message from the H. C. with Orders.
Message from the H. C. for a Committee to go the Army; and for Gen. Brown to be sent for.
A Message was brought from the House of Commons, by Sir Phillip Percivall Knight, &c.; who brought up divers (fn. 2) Particulars:
Committee to go to the Army.
Message to the H. C. about it.
To let them know, that this House agrees in sending a Committee to the Army; and have named the Earl of Pembrooke, and the Quorum to be any Two; and desire [ (fn. 3) their Concurrence] therein.
Ordinance to restore the E. Pembrooke to the Chancellorship of Oxford University.
"Whereas the Earl of Pembrooke and Mountgom'y, since the Beginning of this present Parliament, upon the Resignation of William Laud late Archbishop of Canterbury, was fully chosen, in the Convocation for the University of Oxford, Chancellor for the said University; and afterwards, at Baynard's Castle, according to the solemn Form in like Cases used, in the Presence of divers of the Members of both Houses of Parliament, by the then Vice-chancellor, Proctors, and sundry of the Masters of that University, to that Purpose sent, was settled and invested in that Place; and whereas the said Earl, for his constant and faithful Adhering to the Parliament, as in Conscience and Honour he was bound to do, and did, upon Letters from His Majesty to the said Convocation, was put out of the said Chancellorship, and for no other Cause, and the Marquis of Hertford chosen and established Chancellor by the said Convocation, in the Place of the said Earl of Pembrooke & Mountgomery: It is therefore Ordered, Ordained, and Declared, by the Lords and Commons in this present Parliament assembled, That the said putting out of the said Earl of Pembrooke & Mountgom'y ought not to have been done, and from henceforth is and shall be null and void; and that the said Earl of Pembrooke and Mountgom'y, to all Intents and Purposes, is absolutely Chancellor of the said University; whereof all Members of the University are to take Notice, and thereunto by Authority of this Ordinance to conform, as they will answer the contrary to the Parliament."
Sir W. Waller to command the new-raised Horse.
"The Lords and Commons in Parliament assembled do approve of Sir William Waller Knight, to command the Horse raised, and to be raised, to be employed for the Defence of the Parliament and City; and that both Houses do grant him a Commission to command those Horse accordingly."
Letter to Sir T. Fairfax, ensorcing the Orders for the Army not to come within Thirty Miles of London;— complaining of Tilbury Fort being seized;— some disbanded Soldiers being murthered, by Parties of his Army;— of his levying Forces and Money without Authority, tending to begin a new War, &c.;— and of the seizing the E. of Lauderdail at Woburn.
"We are commanded, by both Houses of Parliament, to acquaint you, that (by reason the late Speakers had withdrawn themselves) the Houses made Choice of us to be their respective Speakers; and that on Friday last a Letter was sent unto you, from both Houses, to let you know, that the Parliament was in Safety, by the Care of the Lord Mayor, Aldermen, Common Council, and Militia, of the City of London, and free from Danger of any Tumults; and that, to prevent such Mischiefs as might attend the nearer Approach of the Army, you should not suffer the Army to come nearer this City than Thirty Miles, according to the Orders of both Houses then sent unto you; to which Letter no Answer hath as yet been returned. We are therefore commanded to let you know, that, as your Obedience and Answer thereunto have been hitherto expected; so, the Houses being informed that, notwithstanding the said Letter and Orders, the Body of the Army is drawn up much nearer this City than Thirty Miles, contrary to the Expectation of the Parliament, and tending to the Terror and Astonishment of the City, whence, besides the streightening the City of Provisions, sundry other Mischiefs may follow; both Houses therefore have thought fit hereby to require you, that you cause such of the Army as are already marched nearer than Thirty Miles forthwith to draw back to that Distance; and that no Part of it come nearer than Thirty Miles of this City, according to the said Orders, Copies whereof are here inclosed.
"We are also commanded to signify unto you, that as to the disorderly Carriage of some Apprentices and others at Westm'r, on the 26th Day of July last, the same is already put into a Way of Examination; and the Houses are resolved that thereupon such further Course shall be taken as shall be agreeable to Justice.
"The Houses have also received Information, that, on the last Lord's-day in the Morning, and within Three or Four Miles of this Place, a Party of Horse of that Army, under the Command of Major Desborough, in hostile Manner, fell upon divers Persons, who were in a peaceable Condition, and were quartered there by Authority of Parliament until they should get their Arrears and be disbanded, as was formerly ordered; some of them were murdered, others of them wounded, and divers of them stript and carried away pinioned Prisoners; and divers Horse and Arms forcibly taken away, without any Provocation given: That another Part of the Forces under your Command have surprized and seized upon Tilbury Blockhouse, in Essex, upon the River of Thames: That the Houses have seen Copies of several Warrants, alledged to be signed by yourself and the Officers under your Command, for the raising of the Trained Bands and Forces of the Country as you pass, to join with you; for which you never had any Authority of Parliament: That the Houses are also informed, that you have given Order for the levying Money or Provisions on the Country, contrary to the Laws of the Land, and in Violation of the Rights and Freedom of the Subject: That the House of Commons hath also received Advertisement, from Sir Samuell Luke Knight, a Member of that House, that a Party of Dragooners of the Army, by your Warrant, and a Warrant of one Major Tulyday, did, on the last Lord's-day assault his Person, and by Force carry him away Prisoner from his own House, to what Place we know not; and we cannot hear that he is yet released, which the Houses require you to see presently done: And as they hold it strange that such Acts of Violence, trenching not only on the Liberty, but also on the Lives of the Subject, and the Privileges of Parliament, should be done, especially if it be by any Direction of yours; so they cannot but resent them, and the more, not only for the Blood therein spilt, but also for that those Actions (at this Time) are so far from conducing to the happy Peace that both Houses have so earnestly endeavoured, and do still labour to procure, and to ease the Kingdom of Charge, that they can be understood to be no other than Acts of Hostility, and the Beginnings of a new War, and the Increasing of Charge upon the Country, by Force of Arms, without any Manner of Cause or Authority.
"Lastly, We are commanded to acquaint you with a Complaint of a high Nature, made by the Commissioners of the Parliament of Scotland, against some of the Army, for Violation of the Law of Nations, and the Treaty concluded between both Kingdoms; as may appear unto you by a Copy of their Letter which we send you here inclosed: And considering that the Proceedings they complain of may prove of dangerous Consequence to both Kingdoms, and tends to the embroiling of both Nations in a new War, if a Course be not taken to prevent it; the Houses therefore have thought fit to require you to inform yourself fully therein, and to give them a speedy and full Account of the Business, to the End that they may return such an Answer as may become them to the Commissioners of the Parliament of Scotland."
Letter to the Commissioners with the fore going One.
"We did, by Command, write you a Letter on Friday last, with One inclosed unto Sir Thomas Fairefax; but have received no Answer, either from him or you. We are now commanded to send you this inclosed Letter to Sir Thomas Fairefax, a Copy whereof we send you; by the Contents, you will find how necessary it is for you to apply yourselves to him for a speedy Account and Answer thereunto, and to use your utmost Endeavours to keep off the Army from approaching so near the City, for avoiding of all ill Consequences that may happen thereupon.
"We are further commanded to let you know, that, by reason of the Withdrawing of the late Speakers, the Houses have thought fit to make Choice of us to be their respective Speakers; which you are to take Notice of We have further in Command, to send you inclosed a Vote passed both Houses, explaining the Order whereby Power is given to the General over the Land Forces."
Ordinance for disarming Persons disaffected to the Parliament and City.
"For the Preservation of the Safety and Peace of the Parliament and City, and Parts adjacent, in this Time of imminent Danger: The Lords and Commons in Parliament assembled do think fit to order and ordain, and be it hereby Ordered and Ordained, That the Committee of the Safety and the Committee of the Militia of London, or either of them, shall have full Power and Authority, and are hereby authorized and required, to secure and disarm all Papists, and all other Person and Persons whatsoever as shall by their Words or Actions discover or declare themselves to be any Way disaffected to the present Safety and Defence of the Parliament and City. This Ordinance to continue to the First of September, 1647."
Order for Haslerigg to be Clerk of the Deliveries in The Tower.
"Ordered, by the Lords and Commons assembled in Parliament, That Mr. Thomas Heselrigg be appointed to take the Charge, and execute the Place, of Clerk of the Deliveries, in the Office of the Ordnance, in The Tower; and that Will'm Billers, that now executes the said Place, be forthwith removed, and is hereby removed, from the Charge and Execution of the said Place."
Letter to Gen. Browne, to attend.
"We are commanded to give you Notice, that, there being special Use of your present Service here, it is the Pleasure of the Houses, that you make your repair immediately unto the Parliament. And so we rest."
Col. Fox versus Porter.
It is Ordered, by the Lords in Parliament assembled, That the Matter in Difference, between the Petitioner and Robert Porter, depending in this House, shall not be any further proceeded in, but upon Twenty Days Warning first given to the Parties, in regard of the present Affairs as they now stand; and hereof both Parties are to take Notice, and perform this Order accordingly.
Order to release the Horses of Justice Rolle, and the Officers of the Midland Circuit, and for them to pass.
Whereas Information hath been given this Day to the House, "That the Horses of Mr. Justice Rolle, the Clerk of the Assize, and other Officers and Servants that are to attend him in the Midland Circuit, are listed for the present Service; whereby the said Judge will be altogether disabled to go to the said Circuit, if the said Horses should be detained:"
It is therefore Ordered, by the Lords in Parliament assembled, That the said Horses (being Two and Twenty in Number), and every of them, shall be released, and be free; and that Justice Rolle, the Clerk of Assize, and other Officers and Servants that are to go along with the said Judge in the aforesaid Circuit, with the said Number of (fn. 4) Two and Twenty Horses, be permitted to pass quietly and freely all Courts of Guards and Garrisons, without any Lett, Hindrance, or Molestation whatsoever, during the Time of the said Circuit, and to have Liberty to return again, without any Disturbance; any Thing to the contrary notwithstanding.